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Executive Order

CT Governor Executive Orders (2020-2021)

Notary Law Update: CT Governor Executive Orders (2020-2021)

State: Connecticut

Summary:

Connecticut Governor Lamont issued Executive Order 7Q, a revised order relating to remotely notarized documents that superseded Executive Order 7K. The remote authorization in Executive Order 7Q was extended by Executive Orders 7ZZ, 9A, 9L, 10A, 11 and 12B. 

Signed:  March 31, 2020

Effective:  March 31, 2020

Affects:

All Connecticut Notaries and Commissioners of the Superior Court.

Changes:
  1. Requires the communication technology used to perform a remote notarial act to be capable of recording the complete notarial act and to be made and retained by the Notary (previously also required for a Commissioner) for a period of not less than 10 years.
  2. Authorizes the Notary or Commissioner to notarize the transmitted copy of the document and transmit the same back to the signatory by fax or electronic means.
  3. Clarifies that notwithstanding the foregoing, only a Connecticut attorney in good standing may remotely administer a self-proving affidavit to a last will and testament pursuant to Section 45a-285 of the General Statutes or conduct a real estate closing as required by Public Act 19-88.
  4. Authorizes any witnessing requirement for a last will and testament to be satisfied remotely through the use of communication technology if it is completed under the supervision of a Commissioner, and requires the supervising Commissioner to certify that he or she supervised the remote witnessing of the last will and testament.
  5. Suspends all witness requirements on any document, other than a last will and testament, requiring a notarial act for the duration of this Executive Order.
  6. Requires all remotely notarized documents pertaining to real property to be accepted for recording on the land records by all Connecticut Town or City Clerks.
  7. Requires a one-page certification confirming the use of remote notarization procedures to be attached to each remotely notarized document submitted for recording on the land records in Connecticut.
  8. Provides that this order shall take effect immediately and shall remain in effect for the duration of the public health and civil preparedness emergency unless earlier modified or terminated by the Governor.
Analysis:

An updated executive order from Connecticut Governor Lamont revises and supersedes Executive Order 7K previously issued authorizing Notaries Public and Commissioners to perform notarial acts using audio-visual technology. In this update, only the matters that have changed from Executive Order 7K are noted. All other provisions are the same. Mainly, the significant changes are the additional provisions related to witnessing of a last will by a Commissioner and for all remotely notarized documents affecting real property to be accepted for recording by town clerks.

  • Read Executive Order 7Q.
  • On June 16, 2020, the Governor issued Executive Order 7ZZ, extending Section 3 of Executive Order 7Q for the duration of the public health emergency and civil preparedness emergency, unless earlier modified, extended, or terminated.
Note: The original public health emergency and civil preparedness emergency issued on March 10, 2020, lasted through September 9, 2020. The Governor extended the public health emergency and civil preparedness emergency on September 1, 2020, through February 9, 2020. 

  • On September 8, 2020, the Governor issued Executive Order 9A, extending all executive orders issued during the public health emergency and civil preparedness emergency, through November 10, 2020.
  • On November 9, 2020, the Governor issued Executive Order 9L, extending all executive orders issued during the public health emergency and civil preparedness emergency, through February 9, 2021.
  • On February 8, 2021, the Governor issued Executive Order 10A, extending all executive orders issued during the public health emergency and civil preparedness emergency, through April 19, 2021.
  • On April 19, 2021, the Governor issued Executive Order 11, extending Section 3 of Executive Order 7Q through May 20, 2021. 
  • On May 20, 2021, the Governor issued Executive Order 12B, extending Section 3 of Executive Order 7Q through June 30, 2021. 

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